[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 10-6-1998 by Ord. No. 698, approved 10-6-1998. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 135.
This ordinance also repealed former Ch. 131, Snow and Ice Removal, adopted 2-14-1961 by Ord. No. 318, approved 2-14-1961, as amended.
[Amended 3-1-2005 by Ord. No. 789, approved 3-1-2005]
The owner of every property fronting upon or alongside of any of the streets in the Borough of Shippensburg is hereby required to remove or cause to be removed from all of the sidewalks (total length and width of sidewalk, including the curb, in commercial areas and excluding the curb in residential areas) in front of or alongside of such property all snow or ice thereon fallen or formed within 12 hours after the same shall have ceased to fall or to form; provided that snow or ice that has ceased to fall or to be formed after 6:00 p.m. of any evening may be removed at any time before 10:00 a.m. of the next morning or within 12 hours, if a twelve-hour period shall extend beyond 10:00 a.m.
It shall be a violation for any person or persons to shovel, plow, blow, throw, or by any other means, snow onto the cartway of any street, avenue or alley within the Borough of Shippensburg. Cartway, for the purpose of this chapter, shall mean the paved portion of a street, avenue or alley used to move vehicular traffic from one point to another, excluding that portion designated for parking.
[Amended 12-16-2014 by Ord. No. 907, approved 12-16-2014]
In any case where the owner as aforesaid shall fail, neglect or refuse to comply with any of the provisions of § 131-1 within the time limit prescribed therein, the Borough, or authorized Borough contractor, may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent owners and to collect the expenses thereof plus 10%, with any additional amounts allowed by law, from such owner, which may be in addition to any fine or penalty imposed under § 131-3.
[Amended 3-1-2005 by Ord. No. 789, approved 3-1-2005; 12-16-2014 by Ord. No. 907, approved 12-16-2014]
Any owner violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $75 nor more than $300, reasonable attorney fees, and costs of prosecution or, upon default in payment of the fine and costs, by imprisonment in the county jail for not more than 30 days.
The Code Enforcement Officer or his designee(s) and the Borough police officers are hereby duly authorized to issue a ticket in a form established by the Borough to any owner violating the provisions of this chapter. The ticket shall identify of the address of the property where the violation exists, as well as the nature of the violation. The ticket may either be handed to an owner or occupant of the property, may be affixed to a door on the property where the violation exists fronting a right-of-way or conspicuously posted on the property, or mailed to the owner by certified mail, return receipt requested. The ticket shall instruct such violator that if he, she or it reports to the Borough Office and pays to the Borough the sum of $75 within 10 days of the date of issuance of the ticket, then such payment shall save such violator from prosecution by a citation, which prosecution may result in court costs and attorney fees being assessed against the violator in addition to the fine. In any event, if a ticket is not paid in full within 10 days of issuance, officials authorized to issue tickets shall issue a citation on the violator.
Officials authorized to issue tickets may, in their sole and absolute discretion, issue a citation instead of a ticket.